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England and Wales decisions
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Stephan v Amazon.com Inc & Ors [2026] EWCA Civ 183 (26 February 2026)
The Court of Appeal refused Amazon permission to appeal two CAT collective proceedings orders, upholding certification and deferral of scrutiny over litigation funding arrangements.
The Court of Appeal refused Amazon permission to appeal two CAT collective proceedings orders concerning Amazon's alleged abuse of dominance.
Russian Operator Policy Claims, In the Matter Of [2026] EWHC 542 (Comm) (26 February 2026)
The High Court ordered security for costs against the Deep Sky Claimants, rejecting their argument that the order would stifle the claim.
Bugsby Property LLC v Stewarts Law LLP [2026] EWHC 275 (SCCO) (16 February 2026)
The High Court stayed Solicitors Act assessment proceedings for three months pending a distribution decision, with a £200,000 interim payment if revived.
It is not reasonable to expect the mother to exhaust her savings or mortgage her flat to fund litigation given the father's resources, the history of litigation, and the need for her to retain funds for contingencies and future needs. The sum for litigation funding should be limited to costs up to the Dispute Resolution Appointment (DRA), with reductions for historic costs, reserved costs, and items not yet ordered.
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The court held that Project Red Card was a joint venture, not a solicitor-client retainer, so Global Sports Data was not liable for IPS Law’s claimed fees.
The Court of Appeal dismissed a challenge to a strike-out after holding that a litigation funding certificate was materially inaccurate and tainted by bad faith.
Tescher v Direct Accident Management Ltd [2025] EWCA Civ 733 (13 June 2025)
The Court of Appeal held that credit hire companies can face non-party costs orders where failed RTA claims were brought for their financial benefit under QOCS.
Kireeva v Zolotova & Anor [2025] EWCA Civ 847 (12 June 2025)
The Court of Appeal dismissed a challenge to strike-out orders after finding a funding certificate was materially inaccurate and could not satisfy an unless order.
The respondent was not a pure funder but a commercial funder with significant interest in the outcome, co-owned the litigation, and his funding caused the defendants to incur costs. It is just and fair to make a non-party costs order against him for costs up to 6 May 2021 and one third of costs thereafter, assessed on the indemnity basis.
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